R v Premdas - Rogers [2016] NSWDC 338

R v Premdas - Rogers [2016] NSWDC 338

The offender's moral culpability was high because he drove while significantly intoxicated, at almost double the residential speed limit, in an unfamiliar high performance sports car, in a residential area, and in a manner designed to test the car's capabilities, causing serious injury to his wife and injury to his son. A sentence of imprisonment was required, but the exceptional hardship that full-time incarceration would cause to his family, particularly given the family history of suicide and the offender's increased suicide risk, justified considering service of the custodial sentence by Intensive Corrections Order rather than immediate full-time custody.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Criminal Sentence / Sentencing Adjourned for Assessment of Suitability for an Intensive Corrections Order
Outcome
The matter was adjourned and the offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'causing Bodily Harm by Misconduct While in Charge of a Vehicle' 'mid Range Pca' 'intensive Corrections Order' 'exceptional Hardship to Family' 'guideline Judgment']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'causing Bodily Harm by Misconduct While in Charge of a Vehicle' 'mid Range Pca' 'intensive Corrections Order' 'exceptional Hardship to Family' 'guideline Judgment']

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Procedural Posture

Criminal Sentence / Sentencing Adjourned for Assessment of Suitability for an Intensive Corrections Order

Legal Issues

  1. 1 ['What sentence should be imposed for driving a motor vehicle at a speed dangerous to other persons and causing grievous bodily harm, causing bodily harm by misconduct while in charge of a vehicle, and driving with a mid-range PCA in blood.' "Whether the offender's unfamiliarity with the high performance vehicle reduced his culpability." "Whether exceptional hardship to the offender's wife and children justified moderating the sentence and avoiding full-time custody." 'Whether the offender should be assessed for suitability to serve a custodial sentence by means of an Intensive Corrections Order.']

Ratio Decidendi

The offender's moral culpability was high because he drove while significantly intoxicated, at almost double the residential speed limit, in an unfamiliar high performance sports car, in a residential area, and in a manner designed to test the car's capabilities, causing serious injury to his wife and injury to his son. A sentence of imprisonment was required, but the exceptional hardship that full-time incarceration would cause to his family, particularly given the family history of suicide and the offender's increased suicide risk, justified considering service of the custodial sentence by Intensive Corrections Order rather than immediate full-time custody.

Court Disposition

The matter was adjourned and the offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.' 'The matter is adjourned until a date to be determined.']